Under Hindu law, children do not gain automatic inheritance rights over a father’s self-acquired property during his lifetime; such assets remain under his absolute control to gift, sell, or will freely.
Key Legal Distinction
Self-acquired property—purchased through personal earnings post-partition—differs from ancestral property, where coparceners hold birth rights. Supreme Court rulings like Angadi Chandranna v. Shankar (2025) clarify no presumption converts separate assets into joint family holdings merely by family existence; claimants bear proof burden.
Intestate Succession Applies Post-Death
Only upon the father’s intestate death does property devolve equally to Class I heirs (widow, children) per Hindu Succession Act. A valid will overrides this, allowing bequest to anyone, while living children cannot claim residence without consent—revocable even for adult married sons.
Practical Implications
Courts reject occupation as ownership proof; Rajasthan HC in Ritesh Khatri v. Shyam Sundar (2025) upheld eviction, stressing permission, not entitlement. Daughters share equal post-2005 rights, but both must substantiate HUF claims with documents.
